Here's an analysis of the case Holden v. Mesa Springs from the Eastland TX Court of Appeals (2025). You can read the full opinion by clicking here.
The case centers on the death of Rosalie Holden after an incident where she fell from a wheelchair while a resident at Mesa Springs Healthcare Center. Her son, Terry Holden, sued Mesa Springs alleging negligence and other claims related to the fall and subsequent death. Mesa Springs moved to dismiss the lawsuit under the Texas Medical Liability Act (TMLA) due to Terry's failure to file the required expert report.
Key Points:
- Background and Allegations:
Rosalie fell from a wheelchair on September 2, 2017, and died four days later. Terry’s claims evolved over time, initially blaming a blanket caught in the wheelchair, then alleging slippery floors, uneven surfaces, or an altercation involving an employee. The only contemporaneous record was a nurse’s note that Rosalie fell forward from the wheelchair, and Rosalie herself reportedly said her blanket got caught. - Procedural History:
Terry sued in 2019 but never filed an expert report required under TMLA within the prescribed 120 days. Mesa Springs filed a motion to dismiss based on this failure, which the trial court granted. Terry appealed. - Timeliness of Motion to Dismiss:
Terry argued Mesa Springs waived the right to file the dismissal motion by not doing so within 21 days of the expert report due date. The court rejected this, clarifying that the 21-day limit applies only to objections to an existing expert report, not to motions to dismiss for failure to file one. The court also rejected Terry’s laches argument due to lack of proof and waiver. - Effect of Previous Summary Judgment:
Terry claimed the dismissal was inconsistent with a prior ruling that denied dismissal for lack of expert report. The court explained the earlier order only dismissed claims in the original petition, not the amended petition, and that the trial court retained authority to modify orders before final judgment. - Health Care Liability Claim Status:
The crux was whether Terry’s amended claims were subject to TMLA expert report requirements. The court found they were, applying Texas Supreme Court precedent (Faber) which sets factors to determine if a claim is a health care liability claim. Since the injury occurred during transport by a healthcare employee within the facility, involving safety standards tied to healthcare, the claim fell under TMLA. - No Remand for Second Expert Report Opportunity:
Terry wanted a chance to file an expert report under a newer TMLA amendment allowing a preliminary determination for health care liability claims if filed after Sept 2021. Since this case was filed in 2019, that amendment didn’t apply, and no such motion was filed.
Outcome:
The appellate court affirmed the dismissal because Terry failed to timely file the expert report, and his claims qualified as health care liability claims under TMLA. The dismissal was proper and consistent with Texas law.
Takeaway:
This case highlights how Texas courts strictly enforce the expert report requirement in health care liability claims and interpret the scope of TMLA broadly to cover claims arising from care conditions, including injuries during patient transport within a healthcare facility. It also clarifies procedural nuances about timing for dismissal motions and the court’s authority to revisit interlocutory rulings before final judgment.
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